Products Containing Mercury Regulations (SOR/2014-254)

Regulations are current to 2019-07-29 and last amended on 2015-11-08. Previous Versions

Labelling (continued)

Marginal note:Hg Symbol

  •  (1) Any person that manufactures or imports any of the following products must ensure that the symbol Hg is indicated in a font size of at least 10 points with characters that are at least 3 mm in height or within a pictogram of a least 7 mm in height such that it is legible and indelible and impressed, embossed or in a colour that contrasts with the label’s background or the colour of the product, as applicable, in the following location:

    • (a) in the case of a product belonging to a product category referred to in any of items 2 to 9, 12 to 14, 22 or 23, column 1, of the schedule, in a readily visible location on the product; and

    • (b) in the case of a product that contains a product belonging to a product category referred to in item 10 or 11, column 1, of the schedule, in a readily visible location on an external surface of the product.

  • Marginal note:Small product

    (2) Despite subsection (1), if a product referred to in paragraph (1)(a) is too small to accommodate the symbol Hg in a font size of at least 10 points with characters that are at least 3 mm in height, the symbol Hg must be indicated in the closest possible font size and character height and be, at a minimum, in a font size of 7 points with characters that are 2 mm in height.

Testing Requirements

Accredited Laboratory

Marginal note:Accredited laboratory

 Any determination of total quantity of mercury made for the purposes of these Regulations must be conducted

  • (a) by a laboratory that is accredited by a Canadian accrediting body under the International Organization for Standardization standard ISO/IEC 17025:2005, entitled General requirements for the competence of testing and calibration laboratories, as amended from time to time, and the scope of whose accreditation includes the analytical method used to make the determination; or

  • (b) by a laboratory that is accredited under the Environment Quality Act, R.S.Q., c. Q-2, as amended from time to time, and the scope of whose accreditation includes the analytical method used to make the determination.

Determination of the Total Quantity of Mercury in Electrotechnical Products

Marginal note:Total quantity of mercury

 The total quantity of mercury contained in an electrotechnical product is determined using the International Electrotechnical Commission standard IEC 62321-4:2013, entitled Determination of certain substances in electrotechnical products — Part 4: Mercury in polymers, metals and electronics by CV-AAS, CV-AFS, ICP-OES and ICP-MS, as amended from time to time.

Report

Marginal note:Reporting requirements

  •  (1) Any person that manufactures or imports a product that contains mercury — other than a product belonging to the product category referred to in item 34, column 1, of the schedule — must submit a report to the Minister in respect of the 2016 calendar year and every third calendar year after that year, on or before March 31 of the calendar year following the year in respect of which the report is prepared.

  • Marginal note:Required information

    (2) The report must include the following information:

    • (a) respecting the person,

      • (i) their name, civic and postal addresses, telephone number and, if any, fax number and email address, and

      • (ii) if applicable, the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their duly authorized representative; and

    • (b) respecting the product,

      • (i) its common or generic name and its trade name, if any,

      • (ii) the name of the product category, referred to in the schedule, to which the product belongs or the number of the permit issued under subsection 5(1), as the case may be,

      • (iii) the total quantity of mercury contained in the product, expressed in milligrams,

      • (iv) the quantity manufactured during the calendar year in question, if applicable, and

      • (v) the quantity imported during the calendar year in question, if applicable.

  • Marginal note:Component subject to these Regulations

    (3) Subsection (1) does not apply to a person that manufactures a product the mercury content of which is contained in a component that is itself a product that was subject to these Regulations at the time of its manufacture or import.

Format for Submission

Marginal note:Electronic submission

  •  (1) Any information required to be submitted to the Minister under these Regulations must be submitted electronically in the form and format specified by the Minister and must bear the electronic signature of the person that manufactures or imports the product containing mercury or of their duly authorized representative.

  • Marginal note:Submission in writing

    (2) If the Minister has not specified an electronic form and format or if it is not feasible to send the information electronically in accordance with subsection (1) because of circumstances beyond the person’s control, the information must be sent on paper in the form and format specified by the Minister and signed by the person or their duly authorized representative. If no form and format have been specified, the information may be sent in any form and format.

Record Keeping

Marginal note:Records

  •  (1) Any person that manufactures or imports a product that contains mercury must maintain records that demonstrate that the product was manufactured or imported in accordance with the Act and these Regulations and that include the following information:

    • (a) in the case of a person that manufactures a product,

      • (i) the common or generic name of the product manufactured, and its trade name, if any,

      • (ii) the name of the product category, referred to in the schedule, to which the product belongs or the number of the permit issued under subsection 5(1), as the case may be,

      • (iii) the quantity of the product manufactured at each manufacturing plant,

      • (iv) the total quantity of mercury contained in the product, expressed in milligrams, and

      • (v) the date of manufacture; and

    • (b) in the case of a person that imports a product,

      • (i) the common or generic name of the product imported, and its trade name, if any,

      • (ii) the name of the product category, referred to in the schedule, to which the product belongs or the number of the permit issued under subsection 5(1), as the case may be,

      • (iii) the quantity of the product imported,

      • (iv) the total quantity of mercury contained in the product, expressed in milligrams,

      • (v) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the principal place of business of the shipper,

      • (vi) the port of entry at which the product was imported,

      • (vii) the date of import,

      • (viii) the Harmonized Commodity Description and Coding System number for the product,

      • (ix) the importer number for the product shipped, and

      • (x) copies of the bill of lading, invoice and all documents submitted to the Canada Border Services Agency for the product shipped.

  • Marginal note:Retention of records

    (2) The records and supporting documents must be kept for a period of at least five years after the day on which the records are made.

Marginal note:Retention of information submitted to Minister

 Any person that submits information to the Minister under these Regulations must keep a copy of that information and any supporting documents for a period of at least five years after the day on which the information is submitted.

Marginal note:Place of retention

  •  (1) The records, copies of information submitted to the Minister and supporting documents must be kept at the person’s principal place of business in Canada or at any other place in Canada where they can be inspected. If they are kept at any place other than the person’s principal place of business, the person must provide the Minister with the civic address of that place.

  • Marginal note:Change of address

    (2) If the civic address referred to in subsection (1) changes, the person must notify the Minister in writing within 30 days after the change.

Coming into Force

Marginal note:One year after registration

 These Regulations come into force one year after the day on which they are registered.

 
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